Court No. - 30
Case :- WRIT - A No. - 6658 of 2018 Petitioner :- Abharani Respondent :- State Of U.P. Through Principal Secretary ,U.P. Basic Education And 4 Others Counsel for Petitioner :- Siddharth Pandey,Bhola Nath Yadav Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, Shri Bhola Nath Yadav, learned counsel for respondent Nos. 2 to 5, and learned Standing Counsel for respondent No. 1.
Present petition has been filed seeking a writ of mandamus directing the respondents, for providing the minimum pay scale of Rs. 17140/- in view of the recommendation of 6th Pay Commission to the petitioner. Further prayer has also been made to issue a writ of mandamus directing the respondent that to fix the pay scale according to the recommendation of 6th Pay Commission and Government Order dated 9.6.2014 and arrears of salary and pay scales. The petitioner is claiming relief on the strength of the Government Order dated 9.6.2014 annexed as Annexure-4 to the petition.
Shri Yadav, learned counsel appearing for the respondent submitted that the aforesaid Government Order is not applicable to the Assistant Teacher of Primary Schools, the post on which petitioner is working.
Be that as it may be all the parties agree that appropriate order can be passed by the Basic Siksha Adhikari, Saharanpur- respondent No. 2.
In view of the aforesaid, without going into the merits of the claim of the petitioner, this petition stands disposed of with liberty to the petitioner to file a fresh representation before respondent No. 2 alongwith certified copy of this order, which shall be considered and decided by the respondent No. 2, on its own merit, preferably within a period of four months from the date of filing of such representation.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 26.2.2018 Ravi Prakash